91998E2101

WRITTEN QUESTION E-2101/98

by Sebastiano Musumeci (NI) to the Commission

(10 July 1998)

Subject: Measures to prevent the illegal importation of extra-Community citrus fruit

Citrus fruit continue to be imported illegally from third countries, often with the complicity of Member States (Spain, Portugal, the Netherlands) that naturalize produce from third countries and then admit it to Community territory as though it were their own.

By ministerial decree 126 of 22 December 1993 Italy was declared a "protected area" so that citrus fruit from third countries cannot be introduced on to its territory for plant health reasons.

What measures does the Commission intend to take to protect Italian citrus fruit producers and consumers against fraudulent and illegal imports?

Answer given by Mr Fischler on behalf of the Commission

(3 September 1998)

The current phytosanitary regime applicable to the import of citrus fruit into the Community is specified in Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of harmful organisms of plants or plant products(1) and against their spread within the Community, as last amended by Commission Directive 98/2/EC(2).

According to Commission Directive 95/40/EC of 19 July 1995(3) amending Directive 92/76/EEC recognizing protected zones exposed to particular plant health risks in the Community(4), the protected zone which aimed at protection against unspecified harmful organisms and for which a ban on the introduction of third country citrus fruit was introduced, expired on 1 April 1996. Such recognition was not further extended on the grounds that a protection against unspecified organisms was inappropriate under internationally established principles and could not be justified scientifically. Thus, in order to comply with the Community's international obligations under the World trade organisation (WTO) the said phytosanitary regime for the import of citrus fruit into the Community including protective measures against citrus canker, citrus leaf spot and citrus black spot, became applicable to all parts of the Community.

The Community phytosanitary regime has recently been improved by Directive 98/2/EC to ensure continued adequate protection to all citrus production areas of the Community. Within the phytosanitary responsibilities of the Commission, activities are carried out for the purpose of ensuring the correct and uniform application of the provisions of the said Council Directive 77/93/EEC.

Moreover, the non-application of Community legislation by Italy and the action taken by Italy to continue to ban the introduction of the relevant citrus fruit originating in third countries is at present subject to detailed examination by the Commission in order to determine the appropriate steps to be envisaged.

(1) OJ L 26, 31.1.1977.

(2) OJ L 15, 21.1.1998.

(3) OJ L 182, 2.8.1995.

(4) OJ L 305, 21.10.1992.